sec.83Service affidavit that must be filed

sec.83 Service affidavit that must be filed

This section applies for a provision of this Act that requires service of an application or order by a police officer by personal service or public notice. For personal service, the police officer must file, as soon as practicable, an affidavit of personal service made by the individual who personally served the application or order. For service by public notice, the police officer must file, by the end of the next business day after publication, an affidavit stating the following— why the service was by public notice rather than personal service; if the service was by public notice because it was not practicable to personally serve the application or order, the reasons personal service was not practicable; the steps taken to publish the notice. The affidavit mentioned in subsection (3) must be accompanied by a copy of the published notice. As soon as practicable after the affidavit mentioned in subsection (3) is filed, a sealed copy of the affidavit and notice must be sent by registered post to the respondent to the application or order at the respondent’s last known address. However, if the respondent is a group of persons and the police officer is not aware of any address of the respondent— subsection (5) applies only if the police officer is aware of the address of an individual who the police officer believes to be an office holder of the group; and if subsection (5) applies under paragraph (a) , the subsection applies as if a reference to the respondent were a reference to the office holder. s 83 ins 2016 No. 62 s 267 (sec.83-ssec.1) This section applies for a provision of this Act that requires service of an application or order by a police officer by personal service or public notice. (sec.83-ssec.2) For personal service, the police officer must file, as soon as practicable, an affidavit of personal service made by the individual who personally served the application or order. (sec.83-ssec.3) For service by public notice, the police officer must file, by the end of the next business day after publication, an affidavit stating the following— why the service was by public notice rather than personal service; if the service was by public notice because it was not practicable to personally serve the application or order, the reasons personal service was not practicable; the steps taken to publish the notice. (sec.83-ssec.4) The affidavit mentioned in subsection (3) must be accompanied by a copy of the published notice. (sec.83-ssec.5) As soon as practicable after the affidavit mentioned in subsection (3) is filed, a sealed copy of the affidavit and notice must be sent by registered post to the respondent to the application or order at the respondent’s last known address. (sec.83-ssec.6) However, if the respondent is a group of persons and the police officer is not aware of any address of the respondent— subsection (5) applies only if the police officer is aware of the address of an individual who the police officer believes to be an office holder of the group; and if subsection (5) applies under paragraph (a) , the subsection applies as if a reference to the respondent were a reference to the office holder.